Re: Possible GPL infringement in Broadcom-based routers

[Michael Poole <mdpoole@troilus.org>]

Adam J. Richter writes:

> 	I think you're missing the idea that that such drivers are
> _contributory_ infringement to the direct infringement that occurs when
> the user loads the module.  In other words, even for a driver that has
> not a byte of code derived from the kernel, if all its uses involve it
> being loaded into a GPL'ed kernel to form an infringing derivative
> work in RAM by the user committing direct copyright infringement against
> numerous GPL'ed kernel components, then it fails the test of having
> a substantial non-infringing use, as established in the Betamax decision,
> and distributing it is contributory infringement of those GPL'ed
> components of the kernel.

Combining GPLed works with GPL-incompatible works violates the GPL if
you distribute the result; the GPL allows one to make that kind of
combination for one's own use.  Go read the GPL more closely.

Michael Poole